93 Decision Citation: BVA 93-08888
Y93
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-07 676 ) DATE
)
)
)
THE ISSUE
Entitlement to an increased (compensable) evaluation for residuals
of rheumatic heart disease.
ATTORNEY FOR THE BOARD
Nadine W. Benjamin, Associate Counse
INTRODUCTION
The veteran served on active duty from September 1942 to January
1945. This matter came to the Board on appeal from a December
1991 decision from the New Orleans, Louisiana, Regional Office
(RO). A notice of disagreement was received in February 1992.
The statement of the case was issued in March 1992. The
substantive appeal was received in April 1992. The case was
docketed at the Board in May 1992. The veteran represents himself
in this appeal, and the case is now ready for appellate review.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran contends that an increased rating is warranted for his
service-connected residuals of rheumatic heart disease, beyond the
currently assigned noncompensable evaluation. The veteran
contends that the medical evidence of record supports his
contention that an increased rating is warranted.
DECISION OF THE BOARD
In accordance with the provisions of 38 U.S.C.A. 7104 (West 1991),
following review and consideration of all evidence and material of
record in the veteran's claims folder, and for the following
reasons and bases, it is the decision of the Board that the
preponderance of the evidence is against the veteran's claim for
an increased rating for his service-connected rheumatic heart
disease.
FINDING OF FACT
The veteran's rheumatic heart disease is currently asymptomatic.
CONCLUSION OF LAW
A compensable rating for rheumatic heart disease is not warranted.
38 U.S.C.A. 1155, 5107 (West 1991); 38 C.F.R. Part 4, Code 7000.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
Initially, we note that we have found that the veteran's claim is
"well grounded" within the meaning of 38 U.S.C.A. 5107(a). That
is, we find that he has presented a claim which is not
implausible. We are also satisfied that all relevant facts have
been properly developed, and that a fair determination may be made
on the evidence of record.
Disability evaluations are determined by the application of a
schedule of ratings which is based on average impairment of
earning capacity. 38 U.S.C.A. 1155; 38 C.F.R. Part 4. Separate
diagnostic codes identify the various disabilities. If there is a
question of which of two evaluations should be applied, the higher
evaluation will be assigned if the disability picture more nearly
approximates the criteria required for that rating. Otherwise,
the lower rating will be assigned. 38 C.F.R. 4.7.
If the minimum schedular evaluation requires residuals and the
schedule does not provide a noncompensable evaluation, a
noncompensable evaluation will be assigned where the required
residuals are not shown. 38 C.F.R. 4.31.
The record shows that, in August 1947, the veteran was granted a
10 percent evaluation for rheumatic heart disease residuals. This
decision was based on his service medical records and on
Department of Veterans Affairs (VA) medical records. The service
medical records show treatment in December 1944 for rheumatic
fever. At discharge in January 1945, valvular heart disease,
mitral insufficiency, chronic, secondary to rheumatic fever,
acute, August 1944, was documented. On examination by the VA in
July 1947, no enlargement of the heart was noted and no valvular
lesion was heard. There were no substernal pulsation and no
evidence of cardiac disease. In June 1948, he was again examined
by the VA, and rheumatic heart disease was diagnosed with no
residuals. By a decision in July 1948, the RO reduced the
veteran's evaluation to noncompensable. The evaluation for the
veteran's rheumatic heart disease remained at noncompensable from
that time forward.
The record shows treatment beginning in the 1980's for cardiac
problems, diabetes mellitus and hypertension. In March 1986, he
was admitted to a VA facility for chest pain and coronary artery
disease, two vessel, was diagnosed. There is no showing of
treatment for rheumatic heart disease. He was examined by the VA
in July 1986 and coronary artery disease, atherosclerosis and
history of rheumatic fever were among the diagnoses.
In March 1991, the veteran was hospitalized at a VA facility for
various complaints. Viral pneumonia was diagnosed. In September
1991, he was again hospitalized and a history of coronary artery
disease, chronic renal insufficiency, and monoclonal gammopathy
were noted. Several disorders were diagnosed, including benign
monoclonal gammopathy of unknown significance, chronic renal
failure, hypertension, diabetes mellitus and history of coronary
artery disease. There is no showing of treatment for the
veteran's service-connected rheumatic heart disease. VA
outpatient treatment records for 1991 are also negative for
treatment of rheumatic heart disease.
While the veteran has been treated for atherosclerotic heart
disease and coronary artery disease, there is no showing that his
service-connected rheumatic heart disease is currently
symptomatic. We note that it has remained noncompensable since
the 1940's, and medical treatment records report only a history of
rheumatic heart disease. There is nothing in the record to show a
relationship between the veteran's currently diagnosed disorders,
and his service-connected rheumatic heart disease. As such, an
evaluation beyond the currently assigned noncompensable rating is
not warranted.
ORDER
An increased evaluation for rheumatic heart disease is denied.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
*
(MEMBER TEMPORARILY ABSENT) CHARLES E. EDWARDS, M.D.
H. H. CLARK
*38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of the
Board, to proceed with the transaction of business without
awaiting assignment of an additional member to the Section when
the Section is composed of fewer than three Members due to absence
of a Member, vacancy on the Board or inability of the Member
assigned to the Section to serve on the panel. The Chairman has
directed that the Section proceed with the transaction of
business, including the issuance of decisions, without awaiting
the assignment of a third Member.
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991),
a decision of the Board of Veterans' Appeals granting less than
the complete benefit, or benefits, sought on appeal is appealable
to the United States Court of Veterans Appeals within 120 days
from the date of mailing of notice of the decision, provided that
a Notice of Disagreement concerning an issue which was before the
Board was filed with the agency of original jurisdiction on or
after November 18, 1988. Veterans' Judicial Review Act, Pub. L.
No. 100-687, § 402 (1988). The date which appears on the face of
this decision constitutes the date of mailing and the copy of this
decision which you have received is your notice of the action
taken on your appeal by the Board of Veterans' Appeals.